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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I feel like my head is spinning since I found this board a few days ago, and I have been seeing a couple of things mentioned and just wanted some clarification.

Background: I am a USC and a Canadian PR(since 2009) DH(who is Canadian) and I have been married for 4 years. We are almost through the NVC process and hopefully moving towards an interview soon.

1. After the interview assuming we get a visa for him. Does that allow him to work in the US while we apply for his green card, or will that be more paperwork?

2. If he can't work right away is he eligible for EI? I saw a topic on EI and it seemed like a lot of people apply for EI with this, you can do that???!!!

3. He had a DUI over 10 years ago here in Canada, anyone know if that is going to be a problem? We got his court records and sent those as well as his criminal record check showing the DUI, but I had wondered if this would end up being a problem further along in our immigration journey.

4. And just because I'm on a roll can I apply for Canadian citizenship and still keep my US citizenship? I'm eligible now to apply but I thought I had read somewhere that if you get another citizenship that the US required you to give up the american citizenship.

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

1. Yes, he can work right away. That's the nice thing about IR1 visas :) The green card is issued concurrently with the visa, if I understand correctly (I went the K1 route).

2. Generally, most people are eligible for EI if they meet enough qualifying hours of work. Make sure you husband applies for EI within 4 weeks of leaving his job. Even if he does not immediately have proof that he is ready and willing to work (i.e. he leaves his job before receiving his visa and green card) he can open his case in the meantime and then send in the necessary documentation as he receives it.

3. No idea. Canada is harsher on DUIs than the US is, incidentally.

4. Yes, you can be both a Canadian and American citizen. Even some VJers here are dual citizens (along with some celebrities, like Alanis Morisette :lol:) The US basically doesn't acknowledge dual citizens but they cannot force you to revoke your American citizenship. Certainly it would be very handy to get your Canadian citizenship, in case you want to move back in the future.

Edited by pocheros
Posted

1. Yes, he can work right away. That's the nice thing about IR1 visas :) The green card is issued concurrently with the visa, if I understand correctly (I went the K1 route).

Not quite, but pretty much. From what I understand, the beneficiary is first issued the CR-1/IR-1 visa, which allows them to cross the border, but the green card doesn't go into production until after the person actually crosses the border. So you can hang out in Canada for up to 6 months after the interview, but the beneficiary won't be a green card holder until they cross the border, at which point they'll get a stamp in their passport that works as a green card until the actual card is produced and mailed out. But most importantly, yes, he can work as soon as he crosses the border...though he'll also have to have his social security number to work, and some people have reported some hang ups with getting that in hand in a timely manner.

Posted

4. And just because I'm on a roll can I apply for Canadian citizenship and still keep my US citizenship? I'm eligible now to apply but I thought I had read somewhere that if you get another citizenship that the US required you to give up the american citizenship.

You can have both citizenships. You're just supposed to keep entering the US on an American passport and keep filing taxes in the US no matter where you live.

Filed: K-1 Visa Country: Canada
Timeline
Posted

Excellent, now to find a board telling me the easiest way to apply for canadian citizenship ;)

Thanks for the information! I really wish I had found this board a year ago!

try roadtocanada.com

Removing Conditions

Sent package to VSC - 8/12/11

NOA1 - 8/16/11

Biometrics - 9/14/11

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

3. He had a DUI over 10 years ago here in Canada, anyone know if that is going to be a problem? We got his court records and sent those as well as his criminal record check showing the DUI, but I had wondered if this would end up being a problem further along in our immigration journey.

Should not be an issue, even for citizenship. And yes Canada is the harshest DUI laws which would bar him from even visiting Canada if he were not a Canadian Citizen already. The US, like the rest of the world does not classify it as a felony like Canada does...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

 
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